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Legal Briefs
Accusations
/August 19, 2024/

Sour Grapes? Don’t Make Accusations Unless They’re True

Sour Grapes? Don’t Make Accusations Unless They’re True “I am disgraced, impeached, and baffled here, Pierced to the soul with slander’s venomed spear.” (William Shakespeare) Here’s another warning from our courts to think twice before publishing anything defamatory, even if you genuinely believe it to be true. To escape liability, you must show that you...
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Divorce Assets
/August 19, 2024/

Divorce Diaries: Anti-Dissipation Orders in Action

Divorce Diaries: Anti-Dissipation Orders in Action “Love is grand. Divorce is a hundred grand.” (Anon) In the boiler room that is the divorce court, it’s common to hear accusations and counter-accusations of one spouse disposing of or concealing marital assets to hide them from the other spouse. The good news is that our law provides...
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Sick Leave Season
/August 19, 2024/,

It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note?

It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note? “Many people including workers in South Africa do not have the wherewithal to determine between a qualified doctor, an unqualified doctor and one who is operating illegally. That is why there are regulatory and law enforcement bodies to whom suspicious practices by...
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Home Owners Association Rules
/August 19, 2024/

The Garage Door That Had the Complex Up in Arms

The Garage Door That Had the Complex Up in Arms “Good fences make good neighbours.” (Robert Frost) When you buy into a community scheme (such as a security estate, complex or apartment block) you automatically become a member of its management body: either a Homeowners Association (“HOA”) if your property is full-title or freehold, or...
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/July 19, 2024/

Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake!

Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake! “[The buyer] must in the circumstances take responsibility for her failure to protect herself against a known risk” (extract from judgment below) Cybercriminals absolutely love targeting property transactions because they provide the perfect mix of large money deposits, heavy reliance on email...
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/July 16, 2024/

Can You Sign an Affidavit Over Zoom?

Can You Sign an Affidavit Over Zoom? “These technological developments would have seemed far-fetched and science fiction a brief few years ago.” (Extract from judgment below) It’s an important question – the invalidity of an affidavit could sink even the strongest case, so it’s vital to get this right. Of course, it’s always tempting to...
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/July 16, 2024/

The New Cannabis Act: Here’s What You Will and Won’t Be Allowed to Do

The New Cannabis Act: Here’s What You Will and Won’t Be Allowed to Do “It’s high time they legalised cannabis” (Anon) Much excitement has greeted the signing into law of the Cannabis for Private Purposes Act, which will formally regulate the cultivation, possession, and use of cannabis by adults in a private setting and, says...
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/July 16, 2024/

Brand-New Car Giving You Nightmares? CPA to the Rescue

Brand-New Car Giving You Nightmares? CPA to the Rescue “The Consumer Protection Act 68 of 2008 (CPA) establishes a broad and comprehensive scope for consumer protection. Its purview includes developing and maintaining a consumer market in such a way as to ensure fairness, accessibility, effectiveness, sustainability and responsibility for the benefit of consumers” (Extract from judgment...
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PGPS Attorneys LegalBrief Trust Administration
/June 20, 2024/

Contracting with Trusts – Is a Majority Resolution Valid?

Contracting with Trusts – Is a Majority Resolution Valid? “Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides yet another reminder to...
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PGPS Attorneys LegalBrief
/June 20, 2024/

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order? “It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims should take advantage of...
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